Asbestos compensation after death

We are happy to discuss the possibility of bringing a claim, without any obligation to take matters further.

In addition to understanding how the asbestos related diagnosis came about and the impact of said diagnosis, we will ask for information about how you or your loved one came into contact with asbestos, so we can start to assess your potential claim.

Even if you haven’t worked directly with asbestos or cannot recall the circumstances of your asbestos exposure then still get in touch with us as it may well be that, after careful questioning, it becomes apparent where and when your exposure to asbestos is likely to have occurred. We have an extensive database of statements and documents involving many UK employers and companies.

Where asbestos is considered to have potentially played a part in a death, it is important that the local coroner is notified of the death and that a post-mortem takes place. We can advise on this process. An initial interview is always provided free of charge. At that meeting we will discuss how to fund the claim. In the majority of cases, we can act under a Conditional Fee Agreement (‘no win, no fee’).

It is possible to make an asbestos claim on behalf of a loved one who has died as a result of an asbestos-related disease.

You may be entitled to claim if you were the spouse or child of someone who lost their life to an asbestos related disease, or if you were financially dependent on them. The claim is brought by the personal representative of the estate.

To make a compensation claim in these cases, you must start your claim within three years of the date of death or at the point at which a post-mortem reveals that the death was caused by asbestos exposure.

A lot of types of asbestos have been under restrictions since the 1970s, the last type was banned in 1999. It is therefore possible to have been exposed to asbestos whilst working on buildings that were built or refurbished before 2000 and in many other professions, we see a large number of former laggers’ or plumbers who have been diagnosed with an asbestos-related disease after exposure at work.

Guidance regulations were introduced in 1970 on the use of asbestos in the workplace. These days, employers must follow strict rules set out by the Health and Safety Executive. They should:

• Identify any asbestos present and what type it is
• Carry out a risk assessment to see whether it is possible to do the work without asbestos exposure
• Consider whether the work should be done by a contractor who holds a special license to handle asbestos
• Notify the relevant authority to let them know about the work that will involve asbestos
• Provide training and protective equipment to employees

If your employer failed to follow regulations around the use of asbestos and you later developed an asbestos-related illness, you could be entitled to compensation.

This will vary from case to case and will depend on the type of asbestos related disease you are suffering from, the medical treatment that you may require and any losses incurred.

The claim amount may be made up of the following:

• An amount for the asbestos related disease itself. Any care that you have received in the past and any that you may need in the future, whether that is paid or unpaid. We can also include a claim for costs incurred by a hospice (both visits to the home by hospice nurses and residential care).
• Any loss of income that you have suffered and any that you may suffer in the future.
• The cost of the requirement of additional services such as DIY, gardening, window cleaning etc, (Whether those services are paid for or provided by a friend or family member).
• A claim on behalf of dependants (such as a spouse, child, or other family member) for services provided, care provided or financial dependency.
• Out of pocket expenses such as aids and equipment, travel, private medical costs and alternative treatment costs.

Our highly experienced mesothelioma and asbestos claims solicitors are recognised by Legal 500 and Chambers as experts in handling asbestos related claims.

Whilst we cannot guarantee that any particular claim will settle out of court, we take great care in investigating and preparing each claim that we take on. Our clients’ claims usually settle successfully without the need for a contested trial.

Even in non-contested cases, there will be occasions when the case is brought for shorter hearings before the court. In these cases, the lawyers for both sides present the agreed settlement to the court for the judge’s approval.